People v. Morrison CA2/5

Filed 10/28/15 P. v. Morrison CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B260464

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA030252) v.

DON MORRISON,

Defendant and Appellant.

APPEAL from an order by the Superior Court of the County of Los Angeles, Richard Romero, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executor Director, Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Not appearance for Plaintiff and Respondent.

INTRODUCTION Defendant and appellant Don Morrison (defendant) appealed an order denying with prejudice his petition for recall of sentence. On appeal, appointed counsel for defendant filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting that this court conduct an independent review of the record to determine if there are any issues which if resolved in defendant’s favor would require reversal or modification of the judgment or appealable order. On September 8, 2015, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant filed a brief in which he appears to contend that numerous errors occurred in the present case, in which case he was convicted in 1997, and in his prior case (Case No. A634965), in which case he suffered convictions in 1986; and the trial court erred in denying his petition for recall of sentence because the trial court relied on a prior conviction (for forcible rape) which defendant did not suffer, although the jury erroneously found it to be true.1 We have reviewed the record and affirm the order.